United States Fifth Circuit

In an action by an insurer seeking a declaration that defendant-insurer was required to defend and indemnify a shopping mall against claims in an underlying personal injury action, summary judgment for plaintiff is reversed where: 1) the district court properly concluded that the contractual provision requiring defendant-store to include the mall as an additional insured under the policy procured from defendant was enforceable; but 2) the mall had coverage under both plaintiff's and defendant's insurance policies, and because the "other insurance" provisions conflicted, each insurer needed to share in the costs of underlying litigation against the mall.

Appellate Information

• Decided 04/06/2010
• Published 04/06/2010

Judges

• OWEN, Circuit Judge:, Before GARZA, STEWART and OWEN, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• Michael Patrick Morris (argued), Tekell, Book, Allen & Morris, L.L.P., Don Allen Weitinger, Weitinger & Nunnallee, Houston, TX, for Plaintiff-Appellee., David Scott Lynch (argued), Coats, Rose, Yale, Ryman & Lee, P.C., Houston, TX, for Defendant-Appellant.